OBHR Chapter 3

Executive Order 11246 applies to discrimination among federal contractors receiving more than ______ from the government.

$10,000

For nonserious OSHA violations, a company may be assessed a penalty of up to ______ for each incident.

$7,000

Which of the following statements are true about the general duty clause of OSHA? (Select all that apply.)

- It applies to every employer. - Its purpose is to provide a safe place of employment.

Which of the following statements are true about LGBT issues in employment? (Select all that apply.)

- Many large companies make benefits available to same-sex partners of employees. - Most large business have developed inclusive attitudes toward LGBT individuals. - Most large companies state that they do not discriminate based on sexual orientation.

Which of the following are true concerning communicating job hazards? (Select all that apply.)

- Older workers need to be reminded of hazards because they can become complacent. - Written memos help document a history of concern about a job hazard. - Workers new on the job experience a relatively high percentage of work accidents so they must be informed about hazards.

Which of the following are examples of disparate treatment? (Select all that apply.)

- Steve is hired instead of Ray because Steve is white. - Estrella is hired instead of Boris because Estrella is female.

Which of the statements are true concerning the outcomes of the Americans with Disabilities Act? (Select all that apply.)

- The act has resulted in increased litigation. - About one-half of the complaints filed under the act have been found to be without reasonable cause. - The kinds of cases being filed are not based on the rights that the act was originally intended to protect.

Which of the following statements are correct for a situation in which an OSHA compliance officer believes that a company has violated an OSHA regulation and issues the company a citation? (Select all that apply.)

- The company must post the citation in a prominent place. - The company must post the citation near the location of the violation.

Which of the following are true about the employment decision in a mixed-motive discrimination case of disparate treatment? (Select all that apply.)

- The defendant admits that there was a discriminatory motive involved in the decision. - The defendant claims that the same decision would have been made, regardless.

Which of the following are among the points the plaintiff needs to prove to win a disparate-treatment discrimination case? (Select all that apply.)

- The plaintiff applied for and was qualified for the position. - The plaintiff was rejected, despite being qualified. - After the plaintiff was rejected, the employer hired someone with similar qualifications. - The plaintiff belongs to a protected group.

Which of following are examples of the executive branch's power to impact the legislative branch and the laws it passes? (Select all that apply.)

- The regulatory agencies have responsibility for enforcing laws. - The president can propose bills to Congress. - The president has the power to veto any law passed by Congress.

Which of the following steps can employers take to ensure a work environment free from sexual harassment? (Select all that apply.)

- administer prompt disciplinary action - train all employees to identify inappropriate workplace behavior - develop a company policy that makes it clear sexual harassment will not be tolerated

Which of the following are key components of most safety awareness programs? (Select all that apply.)

- identifying potential hazards - communicating hazards to managers and employees - reinforcing safe practices

A compliance officer takes which of the following steps as part of the OSHA inspection process? (Select all that apply.)

- interviews employees - discusses findings and violations with employer - shows up unannounced - reviews employer records for deaths, injuries, and illnesses

Which of the following would be considered reasonable accommodation for disabled workers? (Select all that apply.)

- providing alternative testing formats to accommodate specific disabilities - allowing employees to bring guide dogs to work - restructuring jobs to eliminate marginal tasks

Which of the following were traditional forms of affirmative action to attract and hire minority employees? (Select all that apply.)

- providing training opportunities - advertising in minority-oriented publications - recruiting on college campuses

When alleging religious discrimination, an employee must demonstrate which of the following? (Select all that apply.)

- that he or she has a legitimate religious belief - that he or she has suffered adverse consequences because the company failed to accommodate the request - that he or she provided the company with notice of the need to accommodate the religious practice

What three things does a plaintiff attempt to establish in a class-action pattern and practice lawsuit filed for discrimination by an employer? (Select all that apply.)

- that individual acts of intentional discrimination suggest that discrimination is part of the larger company culture - that procedures for pay and for promotions leave too much discretion to managers - that statistical differences exist between the composition of a given group in the company compared to some other relevant group

Which of the following are some specific rights granted by OSHA? (Select all that apply.)

- to have dangerous workplace substances identified - to be informed about injuries and illnesses in their workplaces - to receive training about workplace hazards

What are the critical issues under consideration in sexual harassment court cases? (Select all that apply.)

- whether or not the harassment was significant enough to alter the conditions of employment - whether or not an organization is liable for the actions of its employees - whether or not the plaintiff incited or invited the sexual advances

On an annual basis, organizations with ______ or more employees must file a report with the EEOC listing the number of women and minorities employed in nine job categories.

100

Individuals who believe they have experienced discrimination and wish to file a complaint with the EEOC must do so within ______.

180 days

The Age Discrimination in Employment Act prohibits discrimination against employees over the age of _______ . (Remember to type only one word in the blank.)

40

Which of the following is true about the treatment of sexual orientation and gender identity by Title VII of the Civil Rights Act?

A federal circuit court has interpreted Title VII's prohibition against sex discrimination to include sexual orientation.

Which is the most popular mobile OS out of the choices below?

Android

Which of the following is most commonly considered a mobile OS?

Android

Which type of operating system is permanently programmed into a hardware device?

Firmware

What is a server OS used for?

Handling requests and supplying responses.

What actions can the EEOC take if it cannot come to an agreement with an organization that has discriminated against a person who has filed a discrimination complaint? (Select all that apply.)

It can issue the person a "right to sue" letter. It can aid the person in bringing suit in federal court.

Which of the following is an effect of OSHA?

It has raised awareness of occupational safety.

Which of the following best describes the limitations of OSHA in addressing occupational injuries and illnesses?

Many industrial accidents are a product of unsafe behaviors, not unsafe working conditions.

The federal government is authorized to establish and enforce safety and health standards for places of employment as a result of the ______.

OSHA

The ________ authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

Occupational Safety and Health Act (OSHA)

Besides your computer, where else can you find and use an operating system?

Phones, laptops, and tablets

________ places a special obligation on an employer to affirmatively do something to suit an individual's disability or religion.

Reasonable accommodation

What are three responsibilities of an operating system?

Securing the computer, managing peripherals and hardware, and determining the compatibility of a system on the computer

Which of the following is a task that the operating system is NOT responsible for?

Supplies power to peripherals such as a printer.

Which of the following statements are true concerning a complaint of discrimination filed with the EEOC?

The EEOC takes responsibility for investigating the complaint.

Which of the following is true about the branches of the federal government?

The legislative branch of the federal government consists of the House of Representatives and the Senate. These bodies develop laws that govern many HRM activities.

In addition to a physical or mental impairment that substantially limits at least one major life activity, the most recent EEOC guidelines consider a person to have a disability in which of the following situations? (Select all that apply.)

The person is regarded by an employer to have such an impairment. The person has a past history of such an impairment.

What is an operating system?

The system that lets you interact with your computer.

Equal employment opportunity in the United States is regulated by ______ of the Civil Rights Act of 1964.

Title VII

What are the three most common operating systems?

Windows, Mac OS X, Android

Bonus: Do you know which operating system you are currently running? If yes, which one?

Yes, chrome OS.

An employment practice that lacks discriminatory content but still leads to discrimination is known as a(n) ______.

a disparate impact practice

Tamara complains that her male colleagues often make sexist jokes and consider her a less competent worker just because she is a woman. This is an example of

a hostile working environment.

Which of the following best describes a bona fide occupational qualification (BFOQ)?

a job factor that necessitates the hiring of a person who meets that factor

When prosecuting a disparate impact case, the plaintiff must show an allegedly discriminatory practice disproportionately affects a protected group relative to ______.

a majority group

Though Congress is motivated by a variety of factors, most of the laws it passes are a response to ______.

a perceived societal need

Plaintiffs often have difficulty countering a defendant's rebuttal when the employment selection practice under discussion is which of the following?

a standardized test of cognitive ability

The Civil Rights Act was designed to ensure hiring would be based on which of the following? (Select all that apply.)

ability character

The Thirteenth Amendment of the Constitution ______.

abolished slavery in the United States

According to OFCCP guidelines, a company's written affirmative action plan needs to include which of the following? (Select all that apply.)

action steps utilization analysis goals and timetables

To eliminate discrimination in the workplace, many organizations have ________ programs to increase minority representation.

affirmative action

In 2009, the Americans with Disabilities Act Amendments Act revised the ADA to make the definition of disability ______.

broader

When presented with evidence of discrimination, an employer in a disparate impact case needs to show that the employment practice is a(n) ______.

business necessity

In which of the following ways does the U.S. Constitution affect HRM? (Select all that apply.)

by establishing three primary governing bodies by delineating citizens' rights

As a result of the Civil Rights Act, those who discriminate based on race, age, and other factors can be ______.

charged punitive damages

OSHA inspections are performed by government agents known as ______.

compliance officers

Over the past few years, the number of religious discrimination charges filed in court ______.

consistently decreased, but then began to increase

If a company has a formal policy of discrimination, the plaintiff in a discrimination case can use that information as ______.

direct evidence

Unlike other theories of discrimination, reasonable accommodation places a special obligation on employers to accommodate which of the following? (Select all that apply.)

disability religion

When an employment practice disproportionately excludes a protected group from employment opportunities, a company can be accused of _______ impact.

disparate

Which of the following are among scholars' legal theories of discrimination? (Select all that apply.)

disparate impact disparate treatment reasonable accommodation

When people are treated differently because of their race, gender, sex, disability status, or religion, they are subject to ______.

disparate treatment

Martha, an African American woman, and Sophie, a Caucasian woman, both graduated from the same school, cum laude, with an MBA. Saunders, Inc. interviewed both candidates and selected Sophie because she would "fit in better." It sounds as if Martha was a victim of

disparate treatment.

Which of the following is an initial short-term goal of safety incentive programs?

encouraging employees to provide safety suggestions

The equal protection clause of the Fourteenth Amendment prevents the states from denying _____ protection of the laws.

equal

Gender equity within organizations focuses on which areas? (Select all that apply.)

equity in representation equity in pay

The ________ branch consists of the president of the United States and the many regulatory agencies the president oversees.

executive

The branch of government that consists of the president of the United States and the many regulatory agencies the president oversees is known as the ______.

executive branch

Title VII of the Civil Rights Act of 1964 protects employees from employer retaliation for ______ illegal employment practice.

expressing through proper channels a perceived

True or false: Equity in representation means that men and women are paid the same for equal work.

false

True or false: No legal protections exist for those participating in discrimination cases.

false

True or false: Standardized company safety policies are not affected by cultural differences.

false

True or false: The Civil Rights Acts of 1866 and 1871 are no longer used in legal court cases.

false

True or false: The courts are bound to interpret the ADA exactly as the EEOC does.

false

Discrimination based on Executive Order 11246 applies only to which of the following?

federal contractors and subcontractors

Complaints over which of the following account for most of the cases filed with the EEOC under the Americans with Disabilities Act?

firings

The concept used to analyze employment practices to determine if disparate impact occurs is called the ______ rule.

four-fifths

The requirements of the Rehabilitation Act pertain to which of the following? (Select all that apply.)

government contractors government subcontractors executive agencies

Which of the following best describes equal employment opportunity?

governmental action that seeks to provide the same chance for employment to all individuals

What is it called when a person's behavior in the workplace creates circumstances that make it difficult for someone else of a particular sex to do his or her work?

hostile working environment

Reviewing annual EEO-1 reports from organizations allows the EEOC to ______.

identify patterns of hiring discrimination

The Equal Employment Opportunity Commission is a(n) ______.

independent federal agency

OSHA assigned the Department of Labor with which of the following responsibilities? (Select all that apply.)

inspecting employers applying health standards levying fines

The Equal Employment Opportunity Commission (EEOC) is responsible for which of the following? (Select all that apply.)

issuing appropriate guidelines resolving discrimination complaints gathering information about complaints

When attempting to demonstrate that a hiring practice is related to a legitimate goal, an employer often cites which of the following job performance measures in its defense? (Select all that apply.)

job performance ratings training success

What are the branches of government that were established by the U.S. Constitution? (Select all that apply.)

judicial executive legislative

Businesses with more than $50,000 in contracts with the federal government are required to do which of the following? (Select all that apply.)

keep a written affirmative action plan on file not discriminate in employee hirings

U.S. Supreme Court decisions can only be overturned by ______.

legislation

Which of the following has the federal government used to achieve equal employment opportunity? (Select all that apply.)

legislation constitutional amendments executive orders

Which of the following does the Fourteenth Amendment forbid the states from taking from citizens without due process of the law? (Select all that apply.)

life property liberty

The National Labor Relations Board hears disputes between which of the following parties? (Select all that apply.)

management unions

In a _________ case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

mixed-motive

When hearing a disparate treatment case, the court first tries to rule out the ______.

most obvious reasons for rejecting the plaintiff's claim

In the discrimination case Dukes v. Walmart, lawyers for the plaintiff demonstrated that the ratio of women to men in the company's managerial group was much lower than what it was for their top 20 competitors. This statistic was part of a class-action ______ lawsuit.

pattern and practice

In addition to covering people with physical and mental impairments, the ADA also protects which of the following groups?

people who have a history of disability

A plaintiff who is able to demonstrate that a defendant's explanation for a discriminatory hiring decision is simply a ploy to mask actual discriminatory intent has exposed the defendant's reasoning as a ______.

pretext

Which is the most severe penalty the OFCCP can apply when it finds a company in violation of its rules?

preventing the company from bidding on future government contracts

Differences in which of the following allow for legally permissible differences in pay? (Select all that apply.)

quality of production merit seniority

When a benefit is contingent on an employee submitting to a sexual advance, it is known as ______.

quid pro quo harassment

According to Executive Order 11478, issued by Richard Nixon, the federal government is specifically forbidden from considering which of the following when hiring? (Select all that apply)

race sex religion color

Congress designed the Rehabilitation Act to encourage government contractors to do which of the following?

recruit qualified individuals with disabilities

The concept of reasonable accommodation was initially applied in cases of ______.

religious discrimination

Opponents of quota-like hiring systems argue that such systems limit the hiring of nonminority groups, namely whites and males, and therefore are a form of ______ discrimination.

reverse

Going beyond compliance with OSHA, ______ seek to make symbolic and substantive changes to an organization's safety efforts.

safety awareness programs

According to the Pregnancy Discrimination Act, refusing to hire someone because she is carrying a child is a form of ______.

sex discrimination

Which of the following are appropriate subjects for company safety programs? (Select all that apply.)

specific disabilities job safety specific injuries

The Fourteenth Amendment only applies to which of the following?

state actions

The technic of operations review (TOR) ______ to isolate job elements that are unsafe.

studies past accidents

According to the Americans with Disabilities Act (ADA), a disability is an impairment that ______.

substantially limits one or more major life activities

The Thirteenth Amendment has been applied in cases where discrimination involved which of the following?

symbols of slavery

Under the Americans with Disabilities Act, employers must refrain from discriminating against workers with disabilities and ______.

take positive actions to accommodate individuals protected under the law

Which law was designed to protect older employees when a company reduces its workforce through layoffs?

the Age Discrimination in Employment Act

Which of following laws were passed as a result of a perceived societal need? (Select all that apply.)

the Age Discrimination in Employment Act the Occupational Safety and Health Act the Employee Retirement Income Security Act

Which of the following acts prohibits discrimination based on disability in all employment practices such as job application procedures, hiring, firing, promotions, compensation, and training—in addition to other employment activities such as advertising, recruitment, tenure, layoff, leave, and fringe benefits.

the Americans with Disabilities Act of 1990

The Pregnancy Discrimination Act was passed as an amendment to which of the following?

the Civil Rights Act

Which law gave all citizens the right to sue in federal court over alleged civil rights violations?

the Civil Rights Act of 1871

Which of the following protects employees from retaliatory acts, such as being fired, if they testify in a hearing and provide evidence that the employer has engaged in an illegal employment act, such as discrimination in hiring?

the Civil Rights Act of 1964

Which of the following were amended as a result of the Civil Rights Act of 1991? (Select all that apply.)

the Civil Rights Act of 1964 the Americans with Disabilities Act the Age Discrimination in Employment Act

Complaints of workplace discrimination under equal employment opportunity laws should be filed with ______.

the EEOC or a similar state agency

Which law requires that men and women who are doing equal work for the same organization must be paid the same?

the Equal Pay Act

Which agency is responsible for enforcing executive orders covering companies that do business with the federal government?

the Office of Federal Contract Compliance Programs

Which of the following is major legislation regulating equal employment opportunity in the United States and applies to organizations with 15 or more employees working 20 or more weeks a year that are involved in interstate commerce?

the Title VII of the Civil Rights Act of 1964

When a plaintiff is able to demonstrate that sex, race, color, religion, or national origin is the basis for an employment decision the burden of proof then falls on which of the following?

the employer

Executive Order 11478 applies only to the employment policies of ______.

the federal government

Which technique involves breaking down each job into basic elements, rating each element for its potential for harm or injury, and isolating the element while changes are considered?

the job hazard analysis technique

When the defendant in a disparate treatment case of discrimination provides a legitimate nondiscriminatory reason for an employment decision, ______.

the plaintiff needs to show that the reason offered is a pretext, not the real reason for the decision

When the defendant in a disparate impact case of discrimination demonstrates that an employment practice is based on a business necessity, ______.

the plaintiff will need to show that other employment practices without a discriminatory effect could be used to meet the business need

A study of how cultural differences can affect the interpretation of safety policy showed that the individualistic, control-oriented culture of the United States put emphasis on ______.

the role of top management in ensuring safety in a top-down fashion

Which uses actual probability distributions to determine if hiring decisions have had adverse impact on minority groups?

the standard deviation rule

The EEOC issues guidelines for what purpose?

to help employers follow the law

When an employer's workforce falls significantly short of reflecting the composition of a comparison group in terms of race, sex, and ethnic composition, the minority groups in the categories that fall short are considered to be _______.

underutilized

Before doing business with the government, a company must compare the race, sex, and ethnic composition of its workforce with those of the available labor supply as part of a process called ______ analysis.

utilization